Limiting Debate: Mccarthyism In The 80's
The 1952 McCarran-Walter Act, which encompasses three subsections of the Immigration and Nationality Act, has long been a topic of great controversy. This act guarantees the U.S. government the right to exclude or deport any alien who might "engage in activities which would be prejudicial to the public interest, or endanger the welfare, safety or security of the United States," or who may advocate or engage in terrorist, Communist, or subversive activities. This act was borne out of the McCarthy era. Broadly interpreted by Immigration officials, it is effectively used to limit debate within this country. It has been applied in recent years to exclude several prominent foreign political figures and to deport resident alien activists.
One such case is that of distinguished Colombian journalist Patricia Lara. Ms. Lara was among those invited to a dinner honoring winners of the Maria Moors Cabot Prize at Columbia University, last October 13. These prizes are awarded to Latin American journalists and publications for contributing to the advancement of "inter-American understanding and freedom of information." Ms. Lara, however, was detained by Immigration officials at Kennedy Airport in New York and never arrived at the dinner.
"After waiting in a room for two or three hours, I was told that my visa had been cancelled by the State Department and, though no reason was given, that I had two options: to leave the country or to have a court hearing. I decided to go to court because I had nothing to hide." wrote Lara in a letter to the New York Times 1/8/87.
Lara received neither the hearing she was promised, nor an explanation. She spent the next five days in detention (the last two in a maximum-security cell). After those five days, during which she was denied access to bathing facilities and her prescribed medicine for three days, Lara was deported to Colombia.
On November 16, in a "60 Minutes" television interview, Elliott Abrams, Assistant Secretary of State for Inter-American Affairs charged Lara with being an active member of the Colombian terrorist organization, M-19, and with having close links with the Cuban secret police.
The charges brought against Lara have been both denied by Lara and the Colombian government. To date no evidence has been offered to back up the charges and Lara has not been permitted a hearing in which these charges may be tested.
The Patricia Lara case is but one in a string of cases where non-citizens have been unjustly treated due to their political beliefs.
Another such case involves the arrests (beginning on January 26) and subsequent detention of eight Palestinian residents of the Los Angeles area and the Kenyan wife of one. Immigration officials charged that these individuals were affiliated with the Popular Front for the Liberation of Palestine, a member organization of the Palestine Liberation Organization, and were "fostering the actions of a terrorist group." The Reagan Administration claims that this organization "advocates world communism." The charges constitute "subversive activity" which is punishable by deportation under the McCarran-Walter Act.
The detainees were arrested at gunpoint in the early morning. One Jordanian man, Bashar Hasam Amer, was seized on the campus of Chaffee Community College in Rancho Cucamonga, California, during his chemistry final. The detainees were verbally abused and initially denied food, water, and medicine. They were tightly shackled together, hand and foot, when brought to meet with lawyers. For ten days they were held in isolation in a security section of Terminal Island prison. They were finally released, five on their own recognizance and the other three on bail ranging from $500 to $3,000, on Feb. 16. The deportation hearing was set for April 28.
On April 23, the Justice Department withdrew the charges of political subversion for five of the seven Palestinians it had so charged. Deportation proceedings against the other two have been delayed due to the filing of additional charges against them by the Justice Department. The five Palestinians and Kenyan woman still face deportation hearings. The charges brought against them range from overstaying student visas to working illegally to changing jobs without proper authorization.
According to government documents made public earlier this year, the Reagan Administration is attempting to identify and deport aliens linked to "terrorist" organizations. Arab-Americans are the most heavily targeted ethnic group. The Aran-American community, as a result, is subjected to fear and intimidation, with no guarantee of Constitutional and democratic rights. In response to charges of abuse of Constitutional rights and usage of police-state tactics, government officials argue that they are protecting national security interests.
Another victim of the McCarran-Walter Act is Margaret Randall, a feminist author and professor at the University of New Mexico. While living in Mexico in 1956, Randall took out Mexican citizenship so that she could find work. Although she was born in the U.S. and presently lives with her daughter in Albuquerque, New Mexico, the U.S. government is treating her as an alien.
Randall, who spoke in Ann Arbor last spring (AGENDA, May 1986) was ordered to leave the U.S. August 28 under a provision
(see ACT, page 7)
ACT (from page 2)
of the Act. Her writings, which include many works on Latin American women, were determined to "advocate the economic, international and governmental doctrines of world communism." Ms. Randall has applied for permanent-resident alien status, in an attempt to stay her deportation.
Many others have been arrested, detained, denied entry, or deported from the U.S. because of their political views. Some other figures included in this category are: Tomas Borge, Interior Minister of Nicaragua; General Pasti, an Italian military representative to NATO who is opposed to American nuclear deployments in Europe; Mexican novelist Carlos Fuentes; and Rev. Edicio dela Torre, a leftist priest from the Philippines who was jailed for nine years under Marcos. The list also includes Olga Finlay and Leonor Rodriquez Lezcano, two members of the Federation of Cuban Women. These women were denied entry on the grounds that they could "influence and exploit various groups in the United States (e.g., university groups, women's organizations, Cuban-American associations and research institutes) by encouraging them to accept a positive image of the Cuban Revolution and Cuban society," in the words of former Under Secretary of State, Lawrence S. Eagleburger.
The case of Hortensia de Allende, widow of Salvador Allende (the last constitutional president of Chile) had a more promising outcome. The case, which originated in 1983, was not settled until March 31, 1987. Judge Andrew Coffrey, presiding over the U.S. District Court of Massachusetts, ruled that the denial of a visa to de Allende was unconstitutional, and that any future application for a visa by de Allende cannot be rejected on political grounds. de Allende currently holds a U.S. entry visa valid through August 1987. This case represents the first time that a judge has rejected the government's argument that it has a right to deny an individual a visa for considerations of foreign policy, and may serve as a precedent in other cases.
Statistics reveal that 823 visas were denied in 1985 under provisions of the McCarran-Walter Act (NYT 11/12/86). Many other applicants have withdrawn their visa applications after humiliating interrogations or only received visas after having missed their plane reservations or speaking engagements. Administration officials cite political reasons for many visa denials. In many cases they exclude from the country those who possess views which may have a "negative" impact on national and international opinions. "This is an Administration that clearly sees information as another tool of policy to be manipulated, distorted and withheld as they see fit. They have used visa denials as a very conscious policy, a blatant attempt to manipulate debate," said Steven R. Shapiro, a Civil Liberties Union lawyer who is testing the legitimacy of the McCarran-Walter Act in the Supreme Court (NYT 11/12/86).
One section of the McCarran-Walter Act denies entry to any who advocate violence to achieve political ends. The government evidently chooses not to apply this rule in the case of the contras, who routinely enter the U.S. to lobby Congress for funds and to engage in military training.